Download or read book Constitutional Framework of European Labour Law in Italy France Germany Portugal and Spain written by Luís Gonçalves da Silva and published by Springer Nature. This book was released on 2024-01-02 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.
Download or read book European Labour Law and the EU Charter of Fundamental Rights written by Brian Bercusson and published by Nomos Verlagsgesellschaft. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.
Download or read book Governing the New Europe written by Jack Ernest Shalom Hayward and published by Duke University Press. This book was released on 1995 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Governing the New Europe provides a comprehensive and scholarly account of the changing political map of Europe as it emerges from the Cold War. Exploring the variations of liberal democracy and market economy among the European states, as well as current trends in these directions, the contributors to this volume, all leading authorities in European politics, consider whether a common political model has begun to emerge out of historic European diversity. Beginning with a discussion of the political, economic, and cultural development of Europe from a historical perspective, the focus of the book shifts to an examination of the changing forms of European democracy and the move from public ownership and planning to privatization and deregulated competition. Further essays analyze the challenge to national party systems and electoral performance from emerging social movements and organized interest groups. Political and bureaucratic structures are also examined as is the new European constitutionalism reflected in the increasingly significant role of the judiciary. Lastly, attention is turned to several major themes in European politics: the changing foundations of foreign and security policy, the function of industrial champion firms, and the retreat from the welfare state. Primarily comparative in its scope, Governing the New Europe does devote particular attention to specific major states as well as to the importance of the European Union to the political life of member and non-member countries. Neither exaggerating the common features of the patterns that have emerged in contemporary Europe nor capitulating to the complexity of enduring differences and instabilities between states, Governing the New Europe will become one of the standard texts in its field. Contributors. Jack Hayward, Jolyon Howorth, Herbert Kitschelt, Marie Lavigne, Tom Mackie, Michael Mezey, Edward C. Page, Richard Parry, Richard Rose, Anthony Smith, Alec Stone
Download or read book The ABC of European Union Law written by Klaus-Dieter Borchardt and published by Office for Official Publications of the European Communities. This book was released on 2010 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
Download or read book EU Employment Law written by Catherine Barnard and published by Oxford University Press. This book was released on 2012-08-09 with total page 797 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this major work is a must-buy for all students studying EU employment law. It offers comprehensive coverage of an increasingly complex subject, tackling both case law and legislation, and provides detailed analysis of the EU's Directives and their impact on employment law.
Download or read book Contesting Economic and Social Rights in Ireland written by Thomas Murray and published by Cambridge University Press. This book was released on 2016-08-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.
Download or read book The Status of Public Officials in Europe written by Council of Europe and published by Council of Europe. This book was released on 1999-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Illegal Immigrants and Developments in Employment in the Labour Markets of the EU written by Jan Hjarnø and published by Routledge. This book was released on 2019-05-24 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2003. The problem of illegal labour immigration is one of the most controversial and hotly debated issues to confront the EU. This book examines the Scandinavian model of social partnership by which labour market relations are governed, creating an effective barrier to the employment of illegal immigrants. Using Denmark, Portugal and Germany as case studies it questions the impact of illegal immigrants and whether they pose a serious threat to the free movement of labour, capital and commodities. It will prove invaluable to those interested in labour market relations throughout the world.
Download or read book Monitoring Fundamental Rights in the EU written by Philip Alston and published by Bloomsbury Publishing. This book was released on 2005-01-26 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Coherent laws enforced by a central authority are part of the reason why human rights protection works at the national level in Europe. But when it comes to the EU these dimensions are lacking. The present system for protecting fundamental rights emerged on an ad hoc basis, with measures being improvised to respond to particular problems. In the next couple of years, however, this situation is likely to change very significantly. The proposed European Constitution incorporates the EU Charter of Fundamental Rights, and a specialized EU Fundamental Rights Agency is likely to be established. As a result, the situation of the EU will more closely resemble that of its Member States. Fundamental rights will occupy a central role, and coherent and systematic arrangements will be in place to protect rights, using both judicial and non-judicial means. The Fundamental Rights Agency, in particular, has immense potential to ensure effective monitoring of fundamental rights in the EU, and to ensure a unified strategy for their promotion in EU law and policy. This volume is the first to critically examine the proposals put forward by the European Commission in October 2004 on the creation of the EU Fundamental Rights Agency. Leading scholars in the field of European and international human rights law analyse the potential significance of this innovative Agency, and seek to locate it in relation to various other human rights mechanisms, both in the EU's constitutional structure and within Member States. They review the tasks which the Agency could be called upon to perform, and make proposals as to how it can function most effectively. The relationship of EU law to the international law of human rights emerging from both the United Nations and the Council of Europe is examined. The authors also address the challenge of ensuring improved coherence between EU law and the other human rights obligations undertaken by the Member States. Taken together, these contributions address urgent questions facing the EU at a time when the central unifying function of fundamental rights has been recognized but the way forward remains largely uncharted.
Download or read book The EU Charter of Fundamental Rights as a Binding Instrument written by Sybe de Vries and published by Bloomsbury Publishing. This book was released on 2015-12-03 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: The entry into force of the Treaty of Lisbon in 2009 caused the EU's Charter of Fundamental Rights to be granted binding effect. This raised a host of intriguing questions. Would this transform the EU's commitment to fundamental rights? Should it transform that commitment? How, if at all, can we balance competing rights and principles? (The interaction of the social and the economic spheres offers a particular challenge). How deeply does the EU conception of fundamental rights reach into and bind national law and practice? How deeply does it affect private parties? How much flexibility has been left to the Court in making these interpretative choices? What is the likely effect of another of the reforms achieved by the Lisbon Treaty, the commitment of the EU to accede to the ECHR? This book addresses all of these questions in the light of five years of practice under the Charter as a binding instrument.
Download or read book European Dictatorships 1918 1945 written by Stephen J. Lee and published by Routledge. This book was released on 2016-02-12 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Dictatorships 1918–1945 surveys the extraordinary circumstances leading to, and arising from, the transformation of over half of Europe’s states to dictatorships between the first and the second world wars. From the notorious dictatorships of Mussolini, Hitler and Stalin to less well-known states and leaders, Stephen J. Lee scrutinizes the experiences of Russia, Germany, Italy, Spain, Portugal and Central and Eastern European states. This fourth edition has been fully revised and updated throughout. New material for this edition includes: the most recent research on individual dictatorships a new chapter on the experiences of Europe’s democracies at the hands of Germany, Italy and Russia an expanded chapter on Spain a new section on dictatorships beyond Europe, exploring the European and indigenous roots of dictatorships in Latin America, Asia and Africa. Extensively illustrated with images, maps, tables and a comparative timeline, and supported by a companion website providing further resources for study (www.routledge.com/cw/lee), European Dictatorships 1918–1945 is a clear, detailed and highly accessible analysis of the tumultuous events of early twentieth-century Europe.
Download or read book Financial Crime in the EU written by Helen Xhanthaki and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In eighteen incisive essays, leading European authorities in the field provide in-depth discussion of such elements of the subject as methodologies for collecting criminal records, the authorities maintaining such records, the contents of such records and who has access to them, and conflicts with human rights and privacy legislation. The authors show that these factors and others vary enormously from country to country.
Download or read book European Industrial Relations Dictionary written by European Foundation for the Improvement of Living and Working Conditions and published by . This book was released on 2005 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: CD-ROM containing full text of the dictionary and bibliography and book containing an overview of the dictionary
Download or read book EC Employment Law written by Catherine Barnard and published by Oxford University Press, USA. This book was released on 2006 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'EC Employment Law' provides a thorough and authoritative guide to EC law on employment, within a social and economic context. Extensive coverage is given of complex equality caselaw and legislation, and many issues not covered elsewhere are examined.
Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1981 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
Download or read book Reforming European Data Protection Law written by Serge Gutwirth and published by Springer. This book was released on 2014-11-17 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book on privacy and data protection offers readers conceptual analysis as well as thoughtful discussion of issues, practices, and solutions. It features results of the seventh annual International Conference on Computers, Privacy, and Data Protection, CPDP 2014, held in Brussels January 2014. The book first examines profiling, a persistent core issue of data protection and privacy. It covers the emergence of profiling technologies, on-line behavioral tracking, and the impact of profiling on fundamental rights and values. Next, the book looks at preventing privacy risks and harms through impact assessments. It contains discussions on the tools and methodologies for impact assessments as well as case studies. The book then goes on to cover the purported trade-off between privacy and security, ways to support privacy and data protection, and the controversial right to be forgotten, which offers individuals a means to oppose the often persistent digital memory of the web. Written during the process of the fundamental revision of the current EU data protection law by the Data Protection Package proposed by the European Commission, this interdisciplinary book presents both daring and prospective approaches. It will serve as an insightful resource for readers with an interest in privacy and data protection.
Download or read book Labour Law in the Courts written by Silvana Sciarra and published by Hart Publishing. This book was released on 2001-03-12 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.
